Environmental Law
Public Lands and Natural Resources Law
LACJR: 1996.......Last updated: 2/7/96
Standard of Review
Courts generally will defer to agencies that have exercised clearly delegated legislative authority if
the agency has followed procedures properly. It is not the judiciary's role to formulate public
policy ... Courts, however, will apply a different standard of review (S/R) (degree of scrutiny,
range of considerations) to cases involving agency actions, depending on the type of authority
used by the agency. For each type of agency action there is a corresponding standard of review:
- Investigations:
- uses executive power:
- low S/R, if applicable (probably not final agency action).
- Rule-making:
- uses legislative power;
- affects general population,
- needs notice, public hearings, opportunty for review and comment:
- low S/R, rational basis test (RBT);
- minimal record, must not be arbitrary and capricious.
- Adjudications:
- uses judicial power;
- affects specific individuals' rights and responsibilities:
- high S/R, higher scrutiny (not strict scrutiny unless fundamental rights or suspect class involved);
- more formal hearings, must have substantial evidence in the record, and reasons related to conclusions.
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